HomeMy Public PortalAboutORD 15/01ORDINANCE 1511
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 66, ZONING, OF THE TOWN CODE OF
ORDINANCES, AT ARTICLE VII, NORTH OCEAN BOULEVARD
OVERLAY DISTRICT, BY DELETING SECTION 66 -327, SIGNS,
IN ITS ENTIRETY; FURTHER AMENDING ARTICLE VIII
SUPPLEMENTAL DISTRICT REGULATION, DIVISION 7, SIGNS,
BY DELETING SECTIONS 66 -446, 66 -447 AND 66 -448 AND
REPLACING SAID SECTIONS WITH REGULATIONS WHICH
ESTABLISH NEW TIME, PLACE AND MANNER CRITERIA
GOVERNING SIGNS IN THE TOWN AND RENUMBERING
EXISTING SECTION 66 -449, UNDERGROUNDING OF
UTILITIES, AS SECTION 66 -450; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Commission finds and determines that the Town's land
development regulations are required to regulate signs as provided by Section
163.3202(2)(f), Florida Statutes; and
WHEREAS, the Town Commission does not wish to censor speech, but rather to
provide for the public welfare by regulating signage in the Town in a manner that
enhances the aesthetics of the community, reduces visual pollution, provides clear
information and minimizes distractions to drivers in the interests of traffic safety; and
WHEREAS, sign regulation to advance the governmental purpose of aesthetics
has long been upheld by the state and federal courts; and
WHEREAS, as long ago as 1954, the U.S. Supreme Court recognized that "the
concept of the public welfare is broad and inclusive," that "[t]he values it represents are
spiritual as well as physical, aesthetic as well as monetary," and that it is within the
power of the Town Commission "to determine that the community should be beautiful as
well as healthy, spacious as well as clean, well - balanced as well as carefully patrolled,"
in Berman v. Parker, 348 U.S. 26, 33 (1954), which was followed by State v. Miami
Beach Redevelopment Agency, 392 So. 2d 875 (Fla. 1980); and
WHEREAS, sign regulations have been held to advance these aesthetic
purposes and advance the public welfare in City of Lake Wales v. Lamar Advertising
Ass'n of Lakeland Florida, 414 So. 2d 1030 (Fla. 1982); and
WHEREAS, the Town Commission finds that signs, particularly if placed in rights
of way, can create distractions for drivers impacting the safety and welfare of
pedestrians and drivers and further create an aesthetically unpleasant atmosphere; and
WHEREAS, the Town Commission finds and determines that this Ordinance is
consistent with all applicable policies of the Town's adopted Comprehensive Plan; and
WHEREAS, the Town Commission is aware that the failure of some courts to
apply severability clauses has led to an increase in litigation by applicants for sign
permits who seek to strike down sign regulations in their entirety so that they may argue
that their applications may be granted; and
WHEREAS, the Town Commission reiterates its desire that there be ample and
unequivocal record of its intention that the severability clause it has adopted related to
sign regulations be applied to the maximum extent possible, even if less speech would
result from a determination that any exceptions, limitations, variances, or other sign
provisions are invalid or unconstitutional for any reason whatsoever; and
WHEREAS, the Town Commission conducted a first and second reading of this
Ordinance, and after having received comments from interested members of the public
and staff, the Town Commission has determined that this Ordinance appropriately
balances freedom of speech and expression with the community's desire to be an
aesthetically beautiful environment and the advancement of the public health, safety
and welfare; and
WHEREAS, the Town Commission finds that this Ordinance serves a significant
government interest; is unrelated to the suppression of free expression; and leaves
open ample alternative channels for communication by adopting reasonable and
appropriate time, place and manner regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY FLORIDA, AS FOLLOWS:
Section 1. The foregoing "Whereas" clauses are ratified and confirmed as
being true, correct and reflective of the legislative intent underlying this Ordinance and
are hereby made a specific part of this Ordinance.
Section 2. Chapter 66, Article VII, North Ocean Boulevard Overlay District, is
hereby amended by deleting Section 66 -327, Signs, in its entirety.
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Section 3. Chapter 66, Article VIII, Supplemental District Regulations, Division
7, Signs, Sections 66 -446, 66 -447, 66448 are hereby repealed and replaced to read as
follows:
Article VIII. Supplemental District Regulations
Division 7. Signs
"Section 66 -446. Legislative Purpose and Intent.
(a) The purpose and intent of the regulations in this Division is to establish
content neutral graphic controls through the promotion of identification; to
facilitate clear communication through signs; to reduce traffic and structural
hazards; and to advance a visual and aesthetically pleasing environment for the
Town's residents and visitors. More specifically, the Town Commission is
adopting these regulations to achieve the following goals and objectives:
(1) Preserve, protect, and promote the public health, safety, and general
welfare;
(2) Preserve and enhance the aesthetics and physical appearance of the
Town;
U Protect and preserve the image, character, style and quality of life the
Town desires to promote;
(4) Minimize visual distractions to motorists using the Town streets;
(5) Safeguard the public use and nature of the Town's streets, sidewalks,
and public property;
(6) Allow the proper placement of legible and effective signs while avoiding
the over concentration and excessive height, bulk, density and area of signs
placed in the Town;
(7) Preserve the value of private property by assuring the compatibility of
signs with nearby land uses;
(8) Provide signs that are legible in the circumstances and context in which
they are presented;
(9) Control visual clutter and encourage high professional standards in sign
display and design.
(b) Applicability, Substitution and Severability.
(1) Applicability.
All signs
shall be erected, placed, established, created or
maintained
in the
Town only in conformance
with the standards,
procedures,
exemptions,
and other requirements
of this Division. All
signs are subject
to the Florida Building Code
and Fire Prevention
Code. Signs
that
are not specifically permitted
by this Division are
prohibited.
(2) Substitution of noncommercial for commercial speech. Notwithstanding
any provision in this Division to the contrary, to the extent that anv
permitted sign could be construed as a sign containing commercial
copy, it shall permit a noncommercial sign to the same extent. The
noncommercial message may occupy the entire sign area or anv
portion thereof, and may substitute for or be combined with anv
commercial message. The sign message may be changed as
frequently as desired by the sign's owner, provided it is not a prohibited
sign and continues to comply with the requirements of this Division.
(3) Severability. It is declared to be the intent of the Commission that, if an
section, subsection, paragraph, subparagraph sentence clause
phrase, or word of this Division is declared to be or for any reason
held, invalid or declared unconstitutional by any court of competent
jurisdiction, this declaration of unconstitutionality or invalidity shall be
Ord. 15/1
deemed separate, distinct, and independent, and shall not affect the
validity of any other part, section, subsection, sentence, phrase, clause
term, or word. This subsection shall not be interpreted to limit the effect
of anV other severabilitV provisions contained herein or in any other
ordinances. The Commission specifically intends that severabilitV shall
be applied to the sign regulations in this Division even if the result
would be to allow less speech in the Town, whether by subiecting
currently exempt signs to permitting or by some other means. This
subsection shall not be interpreted to limit the effect of the severabilitV
provision of this ordinance or any other Town ordinance. The
Commission specifically intends that severabilitV shall be applied so
that anV prohibited sign shall continue to be prohibited irrespective of
whether another sign prohibition is declared invalid or unconstitutional.
Sec. 66 -447. Signs Generally.
(a) Definitions
(1) Sign means any commercial or non - commercial wording or reading
matter, illustration, logo, insignia, sculpture, molding, casting, oblect,
bunting, symbol, letter, figure, character, mark, plane, point, design,
poster, pictorial picture, stroke, stripe, line, trademark, and all parts
composing the same, together with the actual sign face, frame,
background, structure or anything supporting the same which shall be so
constructed, placed, attached, painted, erected, fastened or
manufactured in any manner whatsoever, so that the same shall be used
for attracting the attention of the public to any place, sublect, information,
person, firm, corporation, public performance, article, machine or
merchandise. Sign does not include Numerals.
(2) Numeral means a figure expressing a number or series of numbers
solely for purposes of identifying a property's address or location.
(3) Sign area means the square foot area enclosed by the perimeter of the
sign structure.
(4) _Sign face means that part of a sign that is or can be used to identify,
advertise or communicate information or for visual representation, which
attracts the attention of the public for any purpose. It includes anV
background material, panel, trim, color, and internal or external
illumination used that differentiates the sign from the building, structure,
backdrop surface or oblect upon or against which the sign is placed.
(5) Government sign means any sign on public property or within state,
county, or Town rights -of -ways which are either required by law or
necessary and incidental to the performance of governmental activities
and responsibilities. This includes directional signs erected or placed bV
a governmental agency denoting the name of streets, public buildings
parks and recreational facilities, and those which regulate traffic or
provide information to vehicular and pedestrian traffic.
Sec. 66 -448. Time, place and manner regulations pertaining to signs.
(a) No sign shall exceed four feet in height including any supporting pole,
structure or base as measured from the ground up.
(b) The sign face of anV sign shall not exceed four square feet.
(c) Each property in the Town shall be permitted to have a maximum of twelve
(12) square feet of sign face whether the Sian is one sided or double- faced.
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(d) All signs on properties shall be set back ten (10) feet from any property line
on the property on which the sign is placed.
(e) No sign shall be erected or placed such that it blocks the views of any
government sign or the sight lines of traffic, street signs, or traffic signals.
(f) No signs, other than government signs, are permitted on public property or
within the rights -of -way.
(g) No sign may be attached to, affixed to, painted on, or otherwise placed upon
any dwelling or other building associated with a dwelling, including but not
limited to, sheds, carports, garages, and pool houses.
(h) Government signs are not subiect to the restrictions in subsections (a) — (g)
above.
Sec. 66 -449. Time, place and manner regulations pertaining to numerals.
(a) Any numeral shall not exceed two square feet.
(b) Each property in the Town shall be permitted to have a maximum of four
square feet of numerals.
(c) No numeral shall be erected or placed such that it blocks the views of any
government sign or the sight lines of traffic, street signs, or traffic signals.
(d) No numerals are permitted within the rights -of -way. Mailboxes regulated by
federal laws are exempt from this provision.'
Chapter 66, Article VIII, Division 7, Section 66 -449, Undergrounding of Utilities, is
hereby renumbered as section 66 -450.
Section 4. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 6. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of
the Town of Gulf Stream.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
Ord. 15/1 5
PASSED AND ADOPTED in a regular, adjourned session on first reading this
9th day of January, 2015, and for a second and final reading on this 26th day of
January, 2015.
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